This terrible experience has had a lot to teach me. Though I'm a very lucky SOB, I recommend slowing down and avoiding my mistakes. Things could have turned out much worse.
In a nutshell, I was convicted of a 22349(a), exceeding the posted speed limit (65 mph): an infraction. My license was not suspended.
Total out of pocket expenses: $1750 for my attorney and $340 for the fine (a one point infraction for violation 22349(a)) for a total of $2090. A discretionary expense of about $450 for an Escort Radar detector can be added to the total, too.
As I spun these events in my head numerous times trying to make sense of the whole experience, here’s what I came up with.
I don’t think that my attorney through his miraculous negotiations really did much for me for the money. But it was his experience that provided the possibility for the events to unfold as they did. As referenced from the previous thread (
zerothread?id=276235&page=1), my attorney originally pleaded “no contest” at the arraignment hearing to see how the judge pro-tem would respond. It was a bad scene, as the judge immediately declared a large fine and a 30 day license suspension for my “egregious speed.” My attorney attempted to negotiate for my license with the judge to no avail and then reversed the plea from “no contest” to “not guilty”. Basically, I was to keep my fingers crossed that the CHP officer failed to show for the trial.
At the trial, because I was being represented by an attorney, the CHP officer was being represented by an assistant district attorney. Normal procedure, I was told, for those that bring hired representation. The ADA spoke with my attorney and essentially my attorney indicated that we were present to plead guilty and hope for the best. It was then that I suggested to my attorney that negotiating for my license with the ADA would be appropriate. They left the courtroom and discussed my situation. I had to stay in court in case my name was called. My attorney returned and said that he told the truth to the ADA about his intentions to plead guilty and hope that my license could be preserved. I saw the ADA speak to CHP officer that appeared for the trial *damn, he came!*.
The four of us appeared before the judge when it was my turn. The judge reviewed my file and noted that I had taken the driver training course back in September of 2006 for a different speeding violation and thus could not take another of such kind. The judge then indicated that if I could find a 12 hour driver training course (apparently an exception to the 18 month rule) he would give me 30 days to take the course and report back to the court to expunge the record of the speeding ticket. I was stunned and indicated that indeed I would follow up with the driver training course. I was standing there in disbelief when the CHP officer and the ADA, thinking that everything had been resolved, turned and existed the court room.
Then it kind of turned to ****. The courtroom clerk turned to the judge and said, “Sir, did you note the speed of the violation?” The judge had not noted the speed until the clerk prompted him to. The judge, then noting the speed exceeding 100 mph, indicated that there were no exceptions to taking the driver training course. The judge also noted that the violation code of 22349(a) “exceeding the posted speed limit” was incorrect. He then indicated that the fine of $340 was a miscalculation. Remember: the CHP officer and the ADA had already exited the courtroom.
I said that I was prepared to pay the fine today. The judge then said, “Slow it down.” I said, “yes sir” and paused thinking that I was going to hear that my license would be suspended. But that was it. My attorney and I then left the courtroom. As we were leaving, my attorney said, “Do you realize what just happened?” “Yup,” I whispered, “I still have my license.”
$340 is no small change, but I was thrilled to pay a relatively small amount and walk out of the court house with my license. I have a one point infraction on my record as a result of this experience.
It’s time for me to buy a lottery ticket, don’t you think?
I obey posted speed limits now!